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Minutes Finance, Policy, Operations and Legislation Committee Wednesday, 13 June 2018, 6.00pm

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Page 1: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Minutes

Finance, Policy, Operations and Legislation Committee

Wednesday, 13 June 2018, 6.00pm

Page 2: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Table of Contents

Contents Page

1. Official opening, welcome and acknowledgement 4

2.1. Attendance 4

2.2. Apologies 4

2.3. Leave of absence 4

3. Disclosures of interests 4

4. Responses to previous questions taken on notice 5

5. Public question time 5

6. Petitions 5

7. Deputations 5

8. Confirmation of minutes 5

9. Announcements by presiding member 5

10. Questions or personal explanations by members 5

11. Reports and recommendations 6

FPOL1806-1 Draft report partial private road closure (known as ROW 34) and amalgamation with No.79 South Terrace, Fremantle 6

FPOL1806-2 WGV Community Bore and Landscape - Service Charge 7

FPOL1806-3 Naval Stores Tender Report 8

FPOL1806-4 Determination Dinghy Management along the Swan River foreshore 9

FPOL1806-5 Commencement of development at 2 Point Street 10

FPOL1806-6 Falls Festival Proposed Use of Fremantle Oval 12

FPOL1806-7 Draft Report - Fremantle Ports Road Naming 14

FPOL1806-12 Finance, Policy, Operations and Legislation Committee information reports - June 2018 15

Page 3: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

FPOL1806-13 Approval of applications for leave by the CEO 16

FPOL1806-8 Asset Management Policy 17

FPOL1806-9 Fremantle Community Legal Centre Family Violence Solicitor Report May 2018 20

FPOL1806-10 Delegated Authority Register Review 21

FPOL1806-11 Budget Management Policy 81

12. Motions of which previous notice has been given 84

FPOL1806-14 Notice of Motion - Uluru Statement of the Heart - Cr Rachel Pemberton 84

FPOL1806-15 Notice of Motion - World Refugee Day - Statement of Solidarity - Cr Sam Wainwright 87

13. Urgent business 91

14. Late items 91

15. Confidential business 91

16. Closure of meeting 91

Page 4: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Minutes - Finance, Policy, Operations and Legislation Committee 13 June 2018

Page 4

FINANCE, POLICY, OPERATIONS AND LEGISLATION COMMITTEE

Minutes of the Finance, Policy, Operations and Legislation Committee

held in the Council Chambers, Fremantle City Council on 13 June 2018 at 6.00 pm.

1. Official opening, welcome and acknowledgement

The Presiding Member declared the meeting open at 6.00 pm.

2.1. Attendance Dr Brad Pettitt Mayor Cr Hannah Fitzhardinge Presiding Member / Beaconsfield Ward Cr Jenny Archibald East Ward/ Deputy Presiding Member Cr Doug Thompson North Ward (arrived 6.04 pm) Cr Rachel Pemberton City Ward Cr Sam Wainwright Hilton Ward Cr Andrew Sullivan South Ward Mr Philip St John Chief Executive Officer Mr Glen Dougall Director City Business Ms Fiona Hodges Director Community Development Mr Graham Tattersall Director Infrastructure and Project Delivery Mr Pete Stone Manager Arts and Culture Mr Craig Best Manager Asset Management Mr Ryan Abbott Manager Parks and Landscapes Ms Beverley Bone Manager Community Development Ms Helen Bliss Meeting Support Officer There was approximately 1 member of the public and no members of the press in attendance. 2.2. Apologies Nil 2.3. Leave of absence

Nil

3. Disclosures of interests

Cr Thompson advised that he serves on the Board of the North Fremantle Primary School and declared a possible impartiality interest in FPOL1806-1 as the speaker in support of this item, Ms Christine Oldmeadow, who represents the applicant, is also the Chair of the Board of the North Fremantle Primary School. Cr Thompson acknowledged the interest but considered his ability to remain impartial so chose to stay during discussion of this item.

Page 5: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Minutes - Finance, Policy, Operations and Legislation Committee 13 June 2018

Page 5

4. Responses to previous questions taken on notice

Nil

5. Public question time

Ms Christine Oldmeadow spoke in support of FPOL1806-1.

Cr Doug Thompson arrived at 6.04 pm.

6. Petitions

Nil

7. Deputations

Nil

8. Confirmation of minutes COMMITTEE DECISION Moved: Cr Hannah Fitzhardinge Seconded: Mayor, Brad Pettitt That the minutes of the Finance, Policy, Operations and Legislation Committee dated 9 May 2018 as listed in the Council agenda dated 23 May 2018 be confirmed as a true and accurate record.

Carried: 7/0 Mayor, Brad Pettitt, Cr Doug Thompson, Cr Hannah Fitzhardinge

Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan 9. Announcements by presiding member

Nil

10. Questions or personal explanations by members

Nil

Page 6: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Minutes - Finance, Policy, Operations and Legislation Committee 13 June 2018

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11. REPORTS AND RECOMMENDATIONS Committee delegation FPOL1806-1 DRAFT REPORT PARTIAL PRIVATE ROAD CLOSURE (KNOWN AS

ROW 34) AND AMALGAMATION WITH NO.79 SOUTH TERRACE, FREMANTLE

Meeting Date: 13 June 2018 Responsible Officer: Director City Business Decision Making Authority: Committee Agenda Attachment: Copy of FPOL1708-7 minutes of 23 August 2017

Copy of Manoeuvring Plan from DAA169 (30 March 1998)

COMMITTEE DECISION ITEM FPOL1806-1 (Officer’s recommendation)

Moved: Cr Hannah Fitzhardinge Seconded: Cr Jenny Archibald The Finance, Policy, Operations and Legislation committee acting under delegation as resolved by Council on 23 August 2017 (FPOL1708-7) to: 1. Support the proposed partial closure and amalgamation of a 47.9m2 portion of

private road (known as ROW No. 34) as described on Certificate of Title Volume 23 Folio 65 being Lot 50 on Diagram 5047, for amalgamation with No. 79 (Lot 1) South Terrace, Fremantle pursuant of sections 52 and 87 of the Land Administration Act 1997 and with the following condition:

a) That the registered proprietors of No. 79 (Lot 1) South Terrace,

Fremantle; provide legal access to the area identified in the Manoeuvring Plan (see attachment 2) where it is shown to extend into the subject portion of private roadway, to the benefit of adjoining property at Lot 3 (Nos. 29-31) Arundel Street, Fremantle .

2. The City indemnifies the Minister for Lands against any claim for

compensation that may arise from the proposed closure and amalgamation described in part 1.

Carried: 7/0

Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson, Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

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Minutes - Finance, Policy, Operations and Legislation Committee 13 June 2018

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FPOL1806-2 WGV COMMUNITY BORE AND LANDSCAPE - SERVICE CHARGE

Meeting Date: 13 June 2018 Responsible Officer: Manager Parks and Landscape Decision Making Authority: Committee Agenda Attachments: Proposed WGV Service Charge – Landscape

Maintenance Areas COMMITTEE DECISION ITEM FPOL1806-2 (Officer’s recommendation)

Moved: Cr Hannah Fitzhardinge Seconded: Cr Doug Thompson The Finance, Policy, Operations and Legislation committee acting under delegation 1.1, approve officers to include a service charge for the WGV Development’s community bore and verge landscape maintenance for consideration in the 2018/19 budget.

Carried: 7/0 Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson,

Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

Page 8: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Minutes - Finance, Policy, Operations and Legislation Committee 13 June 2018

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The following item FPOL1806-3 was withdrawn from the Finance, Policy, Operations and Legislation Committee meeting agenda as further information relating to the content has been received and requires time for officers to review the report and its recommendations before submitting to Council.

FPOL1806-3 NAVAL STORES TENDER REPORT

Page 9: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Minutes - Finance, Policy, Operations and Legislation Committee 13 June 2018

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Council decision

FPOL1806-4 DETERMINATION DINGHY MANAGEMENT ALONG THE SWAN RIVER FORESHORE

Meeting Date: 13 June 2018 Responsible Officer: Manager Parks and Landscape Decision Making Authority: Council Agenda Attachments: Information for public notice COMMITTEE RECOMMENDATION ITEM FPOL1806-4 (Officer’s recommendation)

Moved: Cr Hannah Fitzhardinge Seconded: Cr Jenny Archibald Council: 1. Give local public notice for a period of 21 days and receive public

submissions of the intention to make the following determination:

a) Council determines in accordance with the City of Fremantle Local Government Property Local Law 2002 that persons permitted by the City of Fremantle may leave a boat, which must be: the hull only, no longer than 3.5 metres and no wider than 1.5 metres within the facility provided at Prawn Bay, North Fremantle.

2. Consider any public submissions received during the notice period prior to

deciding on the determination in accordance with the procedure required by the City of Fremantle Local Government Property Local Law 2002.

Carried: 7/0

Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson, Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

Page 10: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Minutes - Finance, Policy, Operations and Legislation Committee 13 June 2018

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FPOL1806-5 COMMENCEMENT OF DEVELOPMENT AT 2 POINT STREET

Meeting Date: 13 June 2018 Responsible Officer: Director City Business Decision Making Authority: Council Agenda Attachments: Nil OFFICER'S RECOMMENDATION Moved: Cr Hannah Fitzhardinge Seconded: Cr Rachel Pemberton Council accept SKS’s request for early termination of the two agreements for Car Park 6 and the area used for Car Park 6a at 2 Point Street, Fremantle on the following conditions: a) SKS acknowledge in writing that the original conditions of the contract of sale are

still applicable, including the requirement to continue to carry out construction of the development once it has been commenced, unless otherwise approved by a decision of council.

b) In the event that council approve a break in construction after construction of the two-level basement car park and ground level slab, (stage 1), the City has first refusal on an option to use the site … before re-commencement of the remainder of the development.

AMENDMENT 1 Moved: Mayor Brad Pettitt Seconded: Cr Andrew Sullivan Amend part (b) of the recommendation to read: b) In the event that council approve a break in construction after construction of

the two-level basement car park and ground level slab, (stage 1), the City has the right first refusal on an option to use the site for the purpose of paid public parking in the period before re-commencement of the remainder of the development.

Amendment carried: 7/0

Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson, Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

Page 11: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Minutes - Finance, Policy, Operations and Legislation Committee 13 June 2018

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COMMITTEE RECOMMENDATION ITEM FPOL1806-5 (Amended officer’s recommendation)

Moved: Cr Hannah Fitzhardinge Seconded: Cr Rachel Pemberton Council accept SKS’s request for early termination of the two agreements for Car Park 6 and the area used for Car Park 6a at 2 Point Street, Fremantle on the following conditions: a) SKS acknowledge in writing that the original conditions of the contract of

sale are still applicable, including the requirement to continue to carry out construction of the development once it has been commenced, unless otherwise approved by a decision of council.

b) In the event that council approve a break in construction after construction of

the two-level basement car park and ground level slab, (stage 1), the City has the right to use the site for the purpose of paid public parking in the period before re-commencement of the remainder of the development.

Carried: 7/0

Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson, Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

Page 12: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Minutes - Finance, Policy, Operations and Legislation Committee 13 June 2018

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FPOL1806-6 FALLS FESTIVAL PROPOSED USE OF FREMANTLE OVAL

Meeting Date: FPOL 13 June 2018 Responsible Officer: Manager Arts and Culture Decision Making Authority: Council Agenda Attachments: Proposed Fremantle oval site plan COMMITTEE RECOMMENDATION ITEM FPOL1806-6 (Officer’s recommendation)

Moved: Cr Hannah Fitzhardinge Seconded: Cr Jenny Archibald Council: 1. Approve Falls Festival being held on Fremantle Oval and surrounds* or

similar sized foot print (as approved by the City if alternative site plan is deemed to have less impact on residents, is safer for patrons and beneficial for key institutions in the area - Fremantle Prison, Fremantle Markets and Fremantle Hospital) in 2019 and 2020 with a further option for 2021 at the city’s discretion, with full hire fees and remediation costs applicable.

2. Approve operating times as Saturday 1.00 pm to 11.00 pm and Sunday 12

noon to 10.00 pm. * Surrounds refers to Carpark 1, Carpark 24, Carpark 10, street Closure of Parry St from Holdsworth to William Street (as per 2018 event)

Carried: 7/0 Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson,

Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

Page 13: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Minutes - Finance, Policy, Operations and Legislation Committee 13 June 2018

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ITEMS APPROVED “EN BLOC” The following items were adopted unopposed and without discussion “En Bloc” as recommended. COMMITTEE DECISION Moved: Cr Hannah Fitzhardinge Seconded: Cr Andrew Sullivan The following items be adopted en bloc as recommended: FPOL1806-7 Draft Report - Fremantle Ports Road Naming FPOL1806-12 Finance, Policy, Operations and Legislation Committee

information reports – June 2018 FPOL1806-13 Approval of applications for leave by the CEO

Carried: 7/0

Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson, Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

Page 14: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Minutes - Finance, Policy, Operations and Legislation Committee 13 June 2018

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FPOL1806-7 DRAFT REPORT - FREMANTLE PORTS ROAD NAMING

Meeting Date: 13 June 2018 Responsible Officer: Manager of Integrated Technology Decision Making Authority: Council Agenda Attachment 1: Pages 18 & 19 from “Freo 2029 Transformational

Moves” document dated March 2018 Agenda Attachment 2: Victoria Quay existing road names COMMITTEE RECOMMENDATION ITEM FPOL1806-7 (Officer’s recommendation)

Moved: Cr Hannah Fitzhardinge Seconded: Cr Andrew Sullivan Council: 1. Advise the Geographic Names Committee (GNC) of the proposed road name

changes as requested by the Fremantle Ports as listed below: a) To re-instate the name “Victoria Quay Road” south to the Maritime

Museum being the section of Peter Hughes Drive - curving to the west. b) Rename as Cliff Street the southern portion of Peter Hughes Drive,

Fremantle. c) Rename as Cliff Street a small 25m portion of the Phillimore Street

round-a-bout (See Figures 1 and 2). e) Delete the road name to the eastern portion of Peter Hughes Drive. f) Name ‘Gate 2’ and ‘Gate 3’.

Carried en bloc: 7/0 Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson,

Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

Page 15: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Minutes - Finance, Policy, Operations and Legislation Committee 13 June 2018

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FPOL1806-12 FINANCE, POLICY, OPERATIONS AND LEGISLATION COMMITTEE

INFORMATION REPORTS - JUNE 2018

LIGHT POLLUTION FROM LOT 301 AND 771, NO 52 QUEEN VICTORIA STREET, FREMANTLE Responsible Officer: Manager Field Services Agenda Attachments: Nil UPDATE ON MEMORANDUM OF UNDERSTANDING WITH WA PORTUGUESE CLUB

Responsible Officer: Director City Business Agenda Attachments: Nil UPDATE ON THE CLOSURE OF 7 QUARRY STREET CO-OPERATIVE HOUSEING PROJECT TENDER

Responsible Officer: Director City Business Agenda Attachments: Nil ACCEPTANCE OF TENDER FCC512/18 – NATURAL AREAS WEED CONTROL

Responsible Officer: Director City Business Agenda Attachments: Nil COMMITTEE RECOMMENDATION ITEM FPOL1806-12 (Officer’s recommendation)

Moved: Cr Hannah Fitzhardinge Seconded: Cr Andrew Sullivan Council receive the Finance, Policy, Operations and Legislation Committee information report for June 2018.

Carried en bloc: 7/0 Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson,

Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

Page 16: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Minutes - Finance, Policy, Operations and Legislation Committee 13 June 2018

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FPOL1806-13 APPROVAL OF APPLICATIONS FOR LEAVE BY THE CEO

Meeting Date: 27 June 2018 Responsible Officer: Director People and Culture Decision Making Authority: Council Agenda Attachments: Nil

COMMITTEE RECOMMENDATION ITEM FPOL1806-13 (Officer’s recommendation)

Moved: Cr Hannah Fitzhardinge Seconded: Cr Andrew Sullivan Council approve the Mayor to determine applications for leave by the Chief Executive Officer on behalf of Council in accordance with Clause 9.1 of the CEO’s contract of employment.

Carried en bloc: 7/0 Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson,

Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

Page 17: Finance, Policy, Operations and Legislation Committee...Cr Sam Wainwright 87 13. Urgent business 91 14. Late items 91 15. Confidential business 91 16. Closure of meeting 91 Minutes

Minutes - Finance, Policy, Operations and Legislation Committee 13 June 2018

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FPOL1806-8 ASSET MANAGEMENT POLICY

Meeting Date: 9 May 2018 Responsible Officer: Manager Asset Management Decision Making Authority: Council Agenda Attachments: Asset Management Policy COMMITTEE RECOMMENDATION ITEM FPOL1806-8 (Officer’s recommendation)

Moved: Cr Hannah Fitzhardinge Seconded: Cr Jenny Archibald That Council: 1. Revoke the existing Asset Management Policy. 2. Adopts the Asset Management Policy as included below: Asset Management Policy Policy statement

This policy is intended to: Ensure the management, renewal and upgrade of the City’s assets is undertaken in

an informed, structured and integrated way and which is in keeping with the City’s strategic objectives.

To ensure the City’s Infrastructure assets are safe, accessible, well maintained and sustainable, and perform in a way that meets the needs and aspirations of the community and achieve the best possible value from activities.

Allow the City to take a balanced approach when considering accepting gifted assets, when purchasing / building potential new assets, or when the City is proposing to invest in the renewal or upgrade of existing assets.

Policy scope

1. The City will produce a Corporate Asset Management Plan. This will be an overarching document that will provide suitable direction in relation to asset acquisition and disposal, and identify corporate priorities as they relate to the operation, maintenance and replacement of the City’s assets.

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2. Council, in adopting the annual budget and Long Term Financial Plan, shall give due consideration to the priorities identified in the City’s Corporate Asset Management Plan.

3. The City will prepare Asset Management Plans for each Asset class (Buildings,

Transport, Parks & Landscape, Drainage, Fleet & Plant and Information Technology). The Asset Management Plans will provide long-term planning that outlines the asset activities and programmes for each asset class and resources applied to provide a defined Level of Service in the most cost effective way.

4. The City’s Asset Management Plans will be used to provide an objective basis for

consideration of the annual budget allocated to renewal and maintenance of assets, and priorities within this budget and City work programmes.

In addition to this, other considerations may be relevant in determination of asset

renewal and maintenance priorities, namely;

a. Where there may be opportunities for that the City may be able to capitalise on (for example – improved design, cost savings, integration, grants etc.)

b. The level of community use of the asset, c. The profile of the asset within the community and its impact on the City’s

reputation and standing 5. The City will consider the ongoing cost and resources impact of new and upgraded

assets when undertaking initial planning and development projects. 6. In considering the potential acquisition and / or development of new assets above a

value of $10,000 (excluding art), Council will require that the following issues have been suitably addressed: a. The asset whole of life costs and benefits. b. That the asset appropriately fulfils (current and future) community needs. c. That sufficient funding will be available for the future operation, maintenance

and renewal of the new asset. d. The impact on current and future rates and charges.

7. As part of the budget process the City will produce a prioritised listing of capital

works projects. Priorities will be based on sustainability, risk, safety, legislation, strategic alignment and cost. This will be available for consideration as part of the annual budget process. In adopting the annual budget and Long Term Financial Plan Council shall give due consideration to the priorities identified through this process.

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Definitions and abbreviations

Asset means - A physical resource controlled by the City of Fremantle as a result of construction, purchase or gifting and from which benefits are expected to flow to the entity. Assets include land, buildings, plant and equipment, roads, bridges, paths, parks, park infrastructure, art works, information technology, stormwater drains and associated structures with a life of greater than 12 months and enable services to be provided. Asset Management means - The systematic and coordinated activities and practices of the City of Fremantle to optimally and sustainably deliver on its objectives through the cost effective lifecycle management of assets. Asset Management Plan means – A long-term plan (usually 10-20 years or more for infrastructure assets) that outline the asset activities and programmes for each service area and resources applied to provide a defined Level of Service in the most cost effective way.

Carried: 7/0 Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson,

Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

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FPOL1806-9 FREMANTLE COMMUNITY LEGAL CENTRE FAMILY VIOLENCE

SOLICITOR REPORT MAY 2018

Meeting Date: 13 June 2018 Responsible Officer: Manager Community Development Decision Making Authority: Council Agenda Attachments: Overview of Fremantle Community Legal Centre’s

Service Provision. COMMITTEE RECOMMENDATION ITEM FPOL1806-9 (Officer’s recommendation)

Moved: Cr Hannah Fitzhardinge Seconded: Cr Andrew Sullivan Council supports the continuation of funding of the Family Violence Solicitor position as part of the staffing establishment at the Fremantle Community Legal Centre for a further twelve months as part of the consideration of the 2018/2019 draft Operational Budget.

Carried: 7/0 Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson,

Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

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FPOL1806-10 DELEGATED AUTHORITY REGISTER REVIEW

Meeting Date: 27 June 2018 Responsible Officer: Manager Governance Decision Making Authority: Council Agenda Attachments: Nil COMMITTEE RECOMMENDATION ITEM FPOL1806-10 (Officer’s recommendation)

Moved: Cr Hannah Fitzhardinge Seconded: Cr Jenny Archibald Council: 1. Revoke all delegated authority contained within the existing Delegated

Authority Register 2017/2018. 2. Adopt all delegations contained in the Delegated Authority Register

2018/2019 as included below.

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Carried: 7/0

Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson, Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

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FPOL1806-11 BUDGET MANAGEMENT POLICY

Meeting Date: 27 June 2018 Responsible Officer: Manager Finance Decision Making Authority: Council Agenda Attachments: Nil COMMITTEE RECOMMENDATION ITEM FPOL1806-11 (Officer’s recommendation)

Moved: Cr Hannah Fitzhardinge Seconded: Cr Jenny Archibald Council adopt the Budget Management Policy as outlined below: Council Policy Budget Management Objective The intent of the Budget Management Policy is to provide clear direction in relation to establishment and amendment of the Councils adopted budget. Relevant Legislation (summarised) Local Government Act 1995: Section 6.2 (1) The Council is required to prepare and adopt, by Absolute Majority, an annual budget for its municipal fund by 31st August each year. Section 6.8 (1) and (2) The Council cannot incur expenditure from its municipal fund for a purpose for which no expenditure estimate is included in the annual budget (known as an ‘additional purpose’) except where the expenditure — (a) is incurred in a financial year before the adoption of the annual budget by the local

government; (b) is authorised in advance by resolution by Absolute Majority; or (c) is authorised in advance by the mayor or president in an emergency. Where expenditure has been incurred; (a) under S 6.8 (1)(a) it is required to be included in the annual budget for that

financial year; and (b) under S 6.8 (1)(c), it is to be reported to the next ordinary meeting of the council

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Local Government (Financial Management) Regulations 1996: Regulation 33A A formal review of the annual budget is to be presented and adopted by Council, by Absolute Majority, between 1st January and 31st March each year. Policy Proposed expenditure for an additional purpose Excepting in the circumstances stated in S 6.8 (1) (a) and (c), where expenditure for an additional purpose is proposed this will be determined by the Council as required by S 6.8 (1) (b) of the Act. Where possible this will be presented via a report to FPOL Committee but in cases of urgency additional purpose consideration reports may be presented to Council directly without need for Committee consideration. Where expenditure for an additional purpose is authorised by the Council, the decision will amend the budget by creating a new budget account number to accommodate that proposed expenditure, and by transferring the required funds from one or more existing accounts to the new account. The standard resolution to achieve this is as follows;

That Council approve the budget variation to the Adopted Budget for 20??/20?? by; (a) Creating a new Account No xxxxxx.xxxx (insert account details) with a

budget amount of $XXXXX (b) Increase / Decrease Account No xxxxxx.xxxx (insert account details) by

$xxxxx (from $XXXXX to $XXXXX)

Proposed expenditure for a purpose identified within the budget for which there are insufficient funds allocated. In addition to any other delegation to incur expenditure already granted to the CEO, and subject to any limitation to that delegation that already exists is legislation or policy, the CEO is delegated authority to incur expenditure for a purpose identified within the budget for which there are insufficient funds allocated, where; (a) The proposed expenditure is a maximum of 5% or $50,000 (whichever is the lesser)

above the budgeted amount, and (b) There are sufficient funds equivalent to the value proposed to be spent allocated to

other budget line items within the overall budget, and which, in the opinion of the CEO, are not expected to be spent during that financial year.

Where the criteria above are not met, the proposed expenditure will be presented to Council for an absolute majority decision as if it were for an additional purpose.

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Quarantining of budget accounts At the time of adoption, amendment or budget review, of the annual budget, the Council, or the CEO at any time, may determine that certain accounts in the budget may be quarantined. This means that a restriction is placed on any expenditure, or expenditure above a certain prescribed amount, from that account without the further of the approval Council or the CEO. Monthly budget amendment reports, occasional budget amendment reports and annual budget review Every month a report will be presented to the Council (via FPOL) to adopt make budget amendments to reflect any expenditure above the budget amount agreed by the CEO during the previous month, and to adjust other accounts to accommodate the value of those. On an as needs basis, occasional budget amendment reports such as those considering an additional purpose, or grant acceptance or release of quarantined funds will be presented to Council (via FPOL unless urgently needed). As required by the Regulations, the annual budget review will be considered between January and March each year. The purpose of the annual budget review is to consider amendments to the budget to; (a) Review allocations to budget accounts in accordance with revised revenue or

expenditure estimates, (b) Consider and determine any transfers to or from reserves if necessary, (c) Consider new projects that were not anticipated at the time of adopting the budget. Carried Forward Budget Unspent funds from a budget year will only be carried forward to the new budget year where: i. a project is already commenced or committed and works remain incomplete at 30

June; or ii. a project or activity has unspent grant funds at 30 June. Carried forward project estimates will be presented and adopted by Council with the Adopted Budget. A report will be presented to Council (via FPOL) to make budget amendments to carried forward budget to reflect the final position at the end of financial year.

Carried: 7/0 Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson,

Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

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12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN FPOL1806-14 NOTICE OF MOTION - ULURU STATEMENT OF THE HEART - CR

RACHEL PEMBERTON

Meeting date: 13 June 2018 Responsible officer: Chief Executive Officer Decision making authority: Council Agenda attachments: Nil NOTICE OF MOTION

Moved: Cr Rachel Pemberton Seconded: Cr Andrew Sullivan Council: 1. Supports the Uluru Statement from the Heart, included below. 2. Acknowledges the challenges in the Uluru Statement and calls on our national

parliament to rise to these challenges and to establish a First Nations voice to Parliament. We see the Uluru statement as a clear expression of Aboriginal and Torres Strait Islander Peoples view about the way forward for reconciliation.

3. Requests a statement, supporting the Uluru Statement to the Joint Select

Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples be submitted on behalf of council.

ULURU STATEMENT FROM THE HEART

We, gathered at the 2017 National Constitutional Convention, coming from all points of the southern sky, make this statement from the heart: Our Aboriginal and Torres Strait Islander tribes were the first sovereign Nations of the Australian continent and its adjacent islands, and possessed it under our own laws and customs. This our ancestors did, according to the reckoning of our culture, from the Creation, according to the common law from ‘time immemorial’, and according to science more than 60,000 years ago. This sovereignty is a spiritual notion: the ancestral tie between the land, or ‘mother nature’, and the Aboriginal and Torres Strait Islander peoples who were born therefrom, remain attached thereto, and must one day return thither to be united with our ancestors. This link is the basis of the ownership of the soil, or better, of sovereignty. It has never been ceded or extinguished, and co-exists with the sovereignty of the Crown. How could it be otherwise? That peoples possessed a land for sixty millennia and this sacred link disappears from world history in merely the last two hundred years? With substantive constitutional change and structural reform, we believe this ancient sovereignty can shine through as a fuller expression of Australia’s nationhood.

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Proportionally, we are the most incarcerated people on the planet. We are not an innately criminal people. Our children are aliened from their families at unprecedented rates. This cannot be because we have no love for them. And our youth languish in detention in obscene numbers. They should be our hope for the future. These dimensions of our crisis tell plainly the structural nature of our problem. This is the torment of our powerlessness. We seek constitutional reforms to empower our people and take a rightful place in our own country. When we have power over our destiny our children will flourish. They will walk in two worlds and their culture will be a gift to their country. We call for the establishment of a First Nations Voice enshrined in the Constitution. Makarrata is the culmination of our agenda: the coming together after a struggle. It captures our aspirations for a fair and truthful relationship with the people of Australia and a better future for our children based on justice and self-determination. We seek a Makarrata Commission to supervise a process of agreement-making between governments and First Nations and truth-telling about our history. In 1967 we were counted, in 2017 we seek to be heard. We leave base camp and start our trek across this vast country. We invite you to walk with us in a movement of the Australian people for a better future.

AMENDMENT 1: Moved: Cr Doug Thompson Seconded: Mayor, Brad Pettitt Delete Part 2 of the Notice of Motion.

Amendment carried: 7/0 Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson,

Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan COMMITTEE RECOMMENDATION ITEM FPOL1806-14 (Amended Notice of Motion)

Moved: Cr Rachel Pemberton Seconded: Cr Andrew Sullivan Council: 1. Supports the Uluru Statement from the Heart, included below. 2. Requests a statement, supporting the Uluru Statement to the Joint Select

Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples be submitted on behalf of council.

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ULURU STATEMENT FROM THE HEART

We, gathered at the 2017 National Constitutional Convention, coming from all points of the southern sky, make this statement from the heart: Our Aboriginal and Torres Strait Islander tribes were the first sovereign Nations of the Australian continent and its adjacent islands, and possessed it under our own laws and customs. This our ancestors did, according to the reckoning of our culture, from the Creation, according to the common law from ‘time immemorial’, and according to science more than 60,000 years ago. This sovereignty is a spiritual notion: the ancestral tie between the land, or ‘mother nature’, and the Aboriginal and Torres Strait Islander peoples who were born therefrom, remain attached thereto, and must one day return thither to be united with our ancestors. This link is the basis of the ownership of the soil, or better, of sovereignty. It has never been ceded or extinguished, and co-exists with the sovereignty of the Crown. How could it be otherwise? That peoples possessed a land for sixty millennia and this sacred link disappears from world history in merely the last two hundred years? With substantive constitutional change and structural reform, we believe this ancient sovereignty can shine through as a fuller expression of Australia’s nationhood. Proportionally, we are the most incarcerated people on the planet. We are not an innately criminal people. Our children are aliened from their families at unprecedented rates. This cannot be because we have no love for them. And our youth languish in detention in obscene numbers. They should be our hope for the future. These dimensions of our crisis tell plainly the structural nature of our problem. This is the torment of our powerlessness. We seek constitutional reforms to empower our people and take a rightful place in our own country. When we have power over our destiny our children will flourish. They will walk in two worlds and their culture will be a gift to their country. We call for the establishment of a First Nations Voice enshrined in the Constitution. Makarrata is the culmination of our agenda: the coming together after a struggle. It captures our aspirations for a fair and truthful relationship with the people of Australia and a better future for our children based on justice and self-determination. We seek a Makarrata Commission to supervise a process of agreement-making between governments and First Nations and truth-telling about our history. In 1967 we were counted, in 2017 we seek to be heard. We leave base camp and start our trek across this vast country. We invite you to walk with us in a movement of the Australian people for a better future.

Carried: 7/0

Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson, Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

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FPOL1806-15 NOTICE OF MOTION - WORLD REFUGEE DAY - STATEMENT OF

SOLIDARITY - CR SAM WAINWRIGHT

Meeting date: 13 June 2018 Responsible officer: Chief Executive Officer Decision making authority: Council Agenda attachments: Nil NOTICE OF MOTION

Moved: Cr Sam Wainwright Seconded: Cr Andrew Sullivan Council: 1. Issue a local press release with a quote from the Mayor. 2. Support this announcement through the City’s social media channels on World

Refugee Day. 3. Publish the statement of solidarity, included below, on the City’s website, including

a quote from the Mayor.

Statement of Solidarity

On World Refugee Day 2018, we, mayors and local authorities from around the world, stand #WithRefugees. The role of towns, cities and counties in creating inclusive communities and promoting hope has never been as important. Today, over 20 million people worldwide are living outside their countries to escape violence and persecution. More than 70 per cent of these refugees are women and children. Refugees leave nearly everything behind to seek safety: their homes, their jobs, and sometimes even their families. Despite the unimaginable sacrifices refugees make to find safety, many keep their hopes and dreams for the future. Refugees’ will to survive and their drive to help their families and communities prosper are not easily extinguished by adversity. When refugees arrive to a new country, nearly two out of three settle in an urban area. As cities, we are undeniably at the forefront of refugee crises, and our communities benefit from their tenacity and courage. Welcoming refugees creates opportunities for economic, civic and social growth. The diversity of experiences and ideas refugees bring spurs creativity and innovation. For example, both Albert Einstein and Sergey Brin were refugees. Their contributions did not just change our communities; they changed the course of human history. As cities, we are constantly working to improve our infrastructure, services, and administrative systems in order to meet governance challenges, such as incorporating large inflows of new residents. This work is critical to our shared future. As leaders, we have a responsibility to receive and include new residents with care in order for our cities to become stronger and more resilient to change. Ultimately, those among us who rise to this call for leadership will reap the benefits

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of societies that are the most productive, the most modern, and the most filled with promise. As local authorities, we shoulder the enormous responsibility of providing access to housing, health care, education, skills training, and employment opportunities for newcomers and long-term residents alike. Solutions to refugee crises start at the local level and require that everyone plays a part: every city, every neighbourhood, and every individual can contribute. As leaders, we must create spaces where everyone can live in safety, become self-reliant, and contribute to and participate in their local community. The vital work that cities do can be a model for others, forging a path forward as national governments create and adopt a Global Compact on Refugees to strengthen international crisis response. Our work as mayors and city authorities is primarily local, but when we are united in purpose with each other and our refugee residents, the impact of our solidarity will be global.

AMENDMENT 1: Moved: Cr Sam Wainwright Seconded: Cr Andrew Sullivan To add an additional part (part 4) as follows: 4. Adopt a broad advocacy position in relation to refugees, to promote

inclusion, and bring communities together and authorise the Mayor to speak to this position on behalf of Council.

Amendment carried: 7/0

Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson, Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

AMENDMENT 2: Moved: Cr Andrew Sullivan Seconded: Cr Doug Thompson Amend part 3 of the Notice of Motion to read as follows: 3. Endorse Publish the statement of solidarity, included below, on the City’s

website, and publish it along with including a quotes from the Mayor pertinent to the Fremantle situation.

Amendment carried: 7/0

Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson, Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

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COMMITTEE RECOMMENDATION ITEM FPOL1806-15 (Amended Notice of Motion)

Moved: Cr Sam Wainwright Seconded: Cr Doug Thompson Council: 1. Issue a local press release with a quote from the Mayor. 2. Support this announcement through the City’s social media channels on

World Refugee Day. 3. Endorse the statement of solidarity, included below, on the City’s website,

and publish it along with quotes from the Mayor pertinent to the Fremantle situation.

4. Adopt a broad advocacy position in relation to refugees, to promote

inclusion, and bring communities together and authorise the Mayor to speak to this position on behalf of Council.

Statement of Solidarity

On World Refugee Day 2018, we, mayors and local authorities from around the world, stand #WithRefugees. The role of towns, cities and counties in creating inclusive communities and promoting hope has never been as important. Today, over 20 million people worldwide are living outside their countries to escape violence and persecution. More than 70 per cent of these refugees are women and children. Refugees leave nearly everything behind to seek safety: their homes, their jobs, and sometimes even their families. Despite the unimaginable sacrifices refugees make to find safety, many keep their hopes and dreams for the future. Refugees’ will to survive and their drive to help their families and communities prosper are not easily extinguished by adversity. When refugees arrive to a new country, nearly two out of three settle in an urban area. As cities, we are undeniably at the forefront of refugee crises, and our communities benefit from their tenacity and courage. Welcoming refugees creates opportunities for economic, civic and social growth. The diversity of experiences and ideas refugees bring spurs creativity and innovation. For example, both Albert Einstein and Sergey Brin were refugees. Their contributions did not just change our communities; they changed the course of human history. As cities, we are constantly working to improve our infrastructure, services, and administrative systems in order to meet governance challenges, such as incorporating large inflows of new residents. This work is critical to our shared future. As leaders, we have a responsibility to receive and include new residents with care in order for our cities to become stronger and more resilient to change. Ultimately, those among us who rise to this call for leadership will reap the benefits of societies that are the most productive, the most modern, and the most filled with promise. As local authorities, we shoulder the enormous responsibility of providing access to housing, health care, education, skills training, and employment opportunities for

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newcomers and long-term residents alike. Solutions to refugee crises start at the local level and require that everyone plays a part: every city, every neighbourhood, and every individual can contribute. As leaders, we must create spaces where everyone can live in safety, become self-reliant, and contribute to and participate in their local community. The vital work that cities do can be a model for others, forging a path forward as national governments create and adopt a Global Compact on Refugees to strengthen international crisis response. Our work as mayors and city authorities is primarily local, but when we are united in purpose with each other and our refugee residents, the impact of our solidarity will be global.

Carried: 7/0

Mayor, Brad Pettitt, Cr Hannah Fitzhardinge, Cr Doug Thompson, Cr Rachel Pemberton, Cr Sam Wainwright, Cr Jenny Archibald, Cr Andrew Sullivan

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13. Urgent business Nil.

14. Late items Nil.

15. Confidential business Nil.

16. Closure of meeting The Presiding Member declared the meeting closed at 7.11 pm.